Starting now, the Chicago Lawyers' Committee For Civil Rights presenting "Enabling Youth To Learn Safely ". Join Us: facebook.com/maywoodnews
Who decides how COVID 19 is addressed in school?
Local school districts and BOE administrators set policy based on State and Federal legal requirements and guidance.
State law and policy around COVID is set by the Governor, state education and public health agencies like ISBE and IDPH. On the Federal level, the CDC and USDOE are making guideline decisions.
Why have we returned to in-person learning?
One reason is concerns regarding missed learning opportunities of students. Recent studies show certain populations of students, including students of color were disproportionately impacted.
Another reason is Gov. Pritzker's Executive Order 2021-18 which stated importance of return to school and a foundation to do so. ISBE and IDPH released joint guidance on what needs to be in place for return to in-person learning.
What are schools required to do to keep my student safe?
They are required to follow Federal and State policy and guidelines based on scientific data and sound public health policy.
Fed. public health guidelines from the CDC are implemented at the state level by IDPH and the local health department. Fed. education policy guidance comes from the US Dept. of Education and is interpreted and implemented by ISBE, informed by pubic health guidelines.
These policies and procedures are constantly changing in order to respond to current conditions.
COVID mitigation strategies in IL schools include the following: 1) Vaccination. By executive order all K-12 teachers must be vaccinated by 10/15/21 unless they qualify for medical or religious exemption.
Students 12 and over are eligible for the vaccine, currently there is no state mandate for students to be vaccinated. Students of school age, under age 12, are not yet eligible for vaccination.
Masks are to be worn by all members of the school community, all times of day, to the best of the schools ability.
Whenever possible, schools should maintain at least 3 feet of social distance between students in the classroom setting. When not possible, the rule simply states that students should social distance to the greatest extent possible.
All district facilities will be sanitized a minimum of 1x a day, based on recommendations by the CDC, IL Dept of Public Health and other local health departments
All reports of positive cases for staff and students will be reported to the Cook County Health Department and processed according to CDC and IDPH guidelines for exclusion, quarantine and isolation. Schools have a lot of flexibility there in terms of setting those protocols.
Lastly, the district will practice contract tracing by consulting with Cook County Health Department for close contacts in positive cases. This rule has a lot of flexibility for schools and school districts. They have to establish a program but extent and speed is not mandated.
Additional mental health support includes a DOE resource identifying challenges to mental wellbeing in schools and recommendations. IL is also offering mental health support through the ISBE school wellness mental health page.
State Bill 1577 goes into effect in January, it expands excluded absences and allows students to take up to 5 mental health days in a school year without a medical note.
Additionally, there is a $100 million community partnership grant intended to address gaps in student social, emotional, behavioral and mental health needs.
Lastly, there is a newly launched state resource for mental health support called "Safe to Help Illinois". This is a 24/7 program for students to share issues and find resources to get help and to help others.
Are schools required to offer a virtual schooling option? Generally no. However, in limited instances and to a limited extent, schools may have to provide virtual learning.
School districts must offer virtual instruction for students under quarantine protocol or who are excluded from school, consistent with guidance from the local health department or IDPH.
School districts could move to "adaptive pause". They have discretion in how instruction is provided. Generally, schools must provide 5 hours of a combination of instruction and school work with a recommendation that districts provide at least 2.5 hours of asynchronous learning.
What should I be aware of if my student is having disciplinary issues in the return to in-person learning?
Local school districts have the right to establish rules with regard to discipline procedures.
In CPS, district students have a right to be told verbally and in writing why they are being penalized. Students have a right to be given information about appealing disciplinary actions.
School administrators have a right to try to correct behavior to minimize escalation, disruption, resolve a conflict as necessary and keep students and staff safe.
School administrators can also assign interventions or consequences. Parents should always ask what interventions were discussed to address the perceived misbehavior of your student.
When considering suspensions or expulsions, school boards in diff. districts dictate disciplinary policies. IL school officials are encouraged to limit the number of suspensions and expulsions except where appropriate.
No school board in IL can institute a zero tolerance policy requiring suspensions or expulsions, however discipline policies can vary from district to district as set by respective school boards.
In CPS, out of school suspensions are to be used as a last resort and school admins. are responsible for a transition back plan for students returning to school after a suspension or a transition meeting following an expulsion.
Out of school suspensions are considered excused absences, the principal must ensure suspended students are able to obtain homework and make up any quizzes, tests or projects missed during their suspension.
In non-CPS district schools, officials must only make a reasonable effort to provide missed work to suspended students, they must make policies to facilitate reengagement of suspended or expelled students. This is ambiguous.
It's important for parents and community members to meet with their local school boards to advocate for the policies they want implemented. Get your local school board to adopt the policies that are best for your children and students.
Re: interactions with police, per IL law, before detaining or questioning a student under 18 on school grounds or walking to or from school, an officer, school resource officer or other security personnel must do the following:
Ensure notification or attempted notification of student's parent or guardian. Document and ensure an attempt is made, this includes time and manor of notification. Make reasonable efforts to ensure the student's parent of guardian is present during questioning .
Implementation of policies vary from place to place, in CPS policies are more stringent in supporting vulnerable students. CPS students have the right to refuse to speak to CPD officers. They can refuse to give consent to be searched by police , including electronic devices.
This may not stop a search but students have the right to refuse consent. Students shall not be left alone with CPD officers at any time, students shall not be removed from the classroom or school by CPD unless there is an emergency.
Lastly, if you have any disciplinary issues involving police, suspensions, expulsions or any matter that has been handled improperly, contact the hotline at 312 738 9200. This network of lawyers and advocates can help in any district to try to resolve an issue.

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More from @ILRaiseYourHand

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Looks like the Jan meeting of the #cpsboard will stream at link below. We will do some live tweeting in this thread. ⬇️
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